2007 (3) TMI 453 - AT - Central Excise

Summary

Issues involved: Appeal against penalties imposed on dealers for not supplying inputs as per duty paying documents.

Summary:

Issue 1: Imposition of penalties on dealers

The Revenue filed appeals against penalties imposed on dealers for not supplying inputs as per duty paying documents. The dealers, registered with the revenue department, received duty paid raw materials supplied to manufacturers. Show cause notices were issued alleging that the inputs were not supplied as per the duty paying documents, as the vehicle numbers mentioned were for two wheelers or private vehicles, not goods transport vehicles.

Issue 2: Commissioner's findings and decision

The Commissioner (Appeals) reviewed the evidence and found that the dealers received payment through cheques and demand drafts from manufacturers. The inputs supplied were used in manufacturing goods cleared after paying duty. No evidence showed the use of alternative raw materials. The RT 12 returns were filed by the dealers and manufacturers, containing relevant documents, and were assessed. The only objection raised by the Revenue was regarding the vehicle numbers in the invoices not being for goods transport vehicles.

The Commissioner (Appeals) noted that the Revenue did not dispute key facts, such as payments made through cheques, inputs used in manufacturing cleared goods, absence of evidence for alternative raw materials, and assessment of RT-12 returns. These findings, based on evidence, were not challenged in the appeals. It was concluded that the inputs were received by manufacturers and used in cleared goods. With no evidence to counter these findings, the appeals were dismissed.

(Order dictated and pronounced in the open Court)